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Item Q08 MEMORANDUM MCP&ERD ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT We strive to be caring, professional and fair To:Monroe County Board of County Commissioners From:Tiffany Stankiewicz, Development Administrator Michael Roberts, CEP; PWS, Sr.Administrator Environmental Resources Through:Townsley Schwab, Director of Planning & Environmental Resources Date:August 30, 2011 Subject:Request for Administrative Relief for Sanchez Lot 9,Baywood,Key Largo, Real Estate No. 00439670.000000 1 2 I.B ACKGROUND 3 4 The applicant is eligible for Administrative Relief, has complied with all requirements of the 5 dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly 6 allocations and has not received an allocation award. 7 8 Date Entered ROGO :10/13/2005 9 10 Date Entered Administrative Relief :7/7/2010 11 12 Tier Score:30 13 Tier 3-A (Special Protection Area):20 14 Perseverance: 6 15 Density Reduction4 16 17 This application was ranked #116in Quarter 3 Year 19. 18 19 II.CC URRENT ONDITIONS 20 21 Location: Lot 9,Baywood,Key Largo, Real Estate No. 00439670.000000 22 23 Owner: Applicant/Agent: Jesus SanchezN/A 24 25 Land Use District: FLUM: Urban Residential (UR)Residential High (RH) 26 27 Tier: 3-A (Special Protection Area) 28 29 Property is on the FEMA Injunction list. Page 1of 3 Reviewed by _____ 04305584 1 2 2010: Total Assessed Value:Purchase Price in 2/22/2006: $124,950$530,000 3 4 Key Largo Wastewater Treatment DistrictAssessment: 5 6 The 2010 taxes were paid on 11/24/2010, whichincluded anon-ad valorem assessment from the 7 Key Largo Wastewater Treatment District(KLWTD)in the amount of $412.56.In 2006 the 8 property was assessed for $4,970.00by the KLWTD.As of July 2011 the assessment balance 9 was$3,727.50. 10 11 Additional Relevant Information : 12 The property is located in Tier 3-A (Special Protection Area).The property to the southwest is a 13 disturbed site with development. These sites consist of night clubs and retail sales. 14 15 The property to the northeastwith real estate number00439660.000000isa vacant undeveloped 16 parcelapproximately 25,000 square feet vegetated with tropical hardwoodhammock; and it 17 recievedan allocation awardin ROGO Year 13 Quarter 4without Administrative Relief. 18 Subsequently, theBuilding Permit03305698for real estate number 00439660.000000 was 19 issued 6/11/2008 and placedon hold1/9/2009 because the property is on the FEMA Injunction 20 List. The site appears undisturbed since the permit issuance. 21 22 The subject site (real estate number 00439670.000000) isapproximately 24,500 square feet. 23 Based on field review, the percent cover of hardwood hammock on the subject parcel appears to 24 be approximately 80% to 85%.The remaining portions of the parcel includemangroves along the 25 shoreline,Brazilian pepperandsome encroachmentof buildings and storage from the adjacent 26 property owner. 27 28 Eligibility for Administrative Relief Options: 29 Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 30 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 31 allocation award in the ROGO system may apply to the Board of County Commissioners for 32 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 33 all requirements of the dwelling unit allocation system and having been considered in at least the 34 first sixteen consecutive quarterly allocation periods, and not having received an allocation 35 award. The application was timely submitted for administrative relief in the form of one (1) 36 ROGO allocation award and the applicant has not expressed a desire to sell the property to the 37 County. 38 39 Relief Options under Administrative Relief: 40 The remedies available to the Board of County Commissioners for Administrative Relief 41 pursuant to Section 138-27 include: 42 43 a.Offer to purchase the property at its fair market value as its preferred action if the 44 property is located within: a) a designated Tier I area; b) a designated Tier II area 45 (Big Pine Key and No Name Key); c) a designated Tier III-A area (Special Page 2of 3 Reviewed by _____ 04305584 1 Protection Area); or d) a designated Tier III area on a non-waterfront lot suitable 2 for affordable housing. 3 b.Grant the applicant an allocation award for all or a number of dwelling units 4 requested in the next succeeding quarterly allocation period or extended pro rata 5 over several succeeding quarterly allocation periods as the preferred action for 6 buildable properties not meeting any of the criteria in (1) above. 7 c.Suggest or provide such other relief as may be necessary and appropriate. 8 9 In the event purchase is recommended and the owner refuses the purchase offer, the 10 applicant may remain in the ROGO System and continue earning perseverance points 11 according to Monroe County Code Section 138-28. 12 13 III.R ECOMMENDATION 14 15 It is recommended that the Board of CountyCommissioners find that the applicant has met the 16 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 17 by an offer to purchase by the Monroe County Land adopted that establishes this relief 18 Authority . 19 20 Page 3of 3 Reviewed by _____ 04305584